The Challenge of White Collar Sentencing

29 Pages Posted: 23 Nov 2007  

Ellen S. Podgor

Stetson University College of Law

Abstract

Sentencing white collar offenders is difficult in that the economic crimes committed clearly injured individuals, but the offenders do not present a physical threat to society. This Article questions the necessity of giving Draconian sentences, in some cases in excess of twenty-five years, to non-violent first offenders who commit white collar crimes. The attempts by the U.S. Sentencing Commission to achieve a neutral sentencing methodology, one that is class-blind, fails to respect the real differences presented by these offenders. As the term white-collar crime has sociological roots, it is advocated here that sociology needs to be a component in the sentencing of white collar offenders.

Keywords: sentencing, white collar crime, criminal law, corporate crime, sociology

JEL Classification: K14, K22

Suggested Citation

Podgor, Ellen S., The Challenge of White Collar Sentencing. Journal of Criminal Law and Criminology, Vol. 93, No. 3, 2007. Available at SSRN: https://ssrn.com/abstract=1031832

Ellen S. Podgor (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States
727 562 7348 (Phone)

HOME PAGE: http://www.law.stetson.edu/tmpl/faculty/memberProfile.aspx?id=88

Paper statistics

Downloads
961
Rank
17,877
Abstract Views
4,652